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Table Of Judgments And Orders Of The Supreme Court In Competition Cases In 2013, 2024 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Table Of Judgments And Orders Of The Supreme Court In Competition Cases In 2013

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplemetary table


A Remedy-Centered Approach To Antitrust, John O. McGinnis, Grace Stippich 2024 Northwestern University Pritzker School of Law

A Remedy-Centered Approach To Antitrust, John O. Mcginnis, Grace Stippich

Notre Dame Law Review

This Article advocates for a remedy-centered approach to antitrust law, placing remedial concerns at the forefront of antitrust analysis. It asserts that the limits of effective remedies should fundamentally shape the scope of antitrust liability. Drawing on the “nirvana fallacy” from economic theory, the Article argues that antitrust should only intervene when a judicial remedy can reliably improve upon market conditions. If no such remedy exists, liability should not be imposed. The Article further demonstrates how remedial considerations already play a significant, if often unrecognized, role in antitrust doctrines, including the definitions of “agreement,” monopolists’ duties to deal, and the …


Consumer Voice And Optimal Firm Size, W. C. Bunting 2024 Stetson University College of Law

Consumer Voice And Optimal Firm Size, W. C. Bunting

Buffalo Law Review

This Article examines the question: How can a consumer hold a seller to account in an exchange relationship when expectations have not been met? The Article’s first contribution is to recognize that, in the case of small firms, an employer business can provide a higher level of conflict resolution compared to a non-employer business. Unlike a consumer, an employer has the level of control necessary to compel an employee to remedy a product or service failure. Rather than engage in a costly personal confrontation with an employee, a dissatisfied consumer can simply request that the employer make the employee perform …


An Antitrust Tap-In: How The Pga Tour Violated The Sherman Act And Why The Department Of Justice Should Do Something About It, Lyndi McVey 2024 Chicago-Kent College of Law

An Antitrust Tap-In: How The Pga Tour Violated The Sherman Act And Why The Department Of Justice Should Do Something About It, Lyndi Mcvey

Chicago-Kent Law Review

No abstract provided.


Consumer Protection Rights Lost In The Undergrowth Of The Amazon: Amazon’S Policies Quietly Facilityating An Anticompetitive E-Commerce Enviornment, Stephen Cruz 2024 Chicago-Kent College of Law

Consumer Protection Rights Lost In The Undergrowth Of The Amazon: Amazon’S Policies Quietly Facilityating An Anticompetitive E-Commerce Enviornment, Stephen Cruz

Chicago-Kent Law Review

No abstract provided.


After Further Review: Are Ncaa Conferences Now Subject To Antitrust Liability?, Madison Huberman 2024 Brooklyn Law School

After Further Review: Are Ncaa Conferences Now Subject To Antitrust Liability?, Madison Huberman

Brooklyn Journal of Corporate, Financial & Commercial Law

Following the Alston decision, the landscape of college athletics has undergone significant transformation. Although the Supreme Court in Alston previously determined that individual conferences lacked power over the relevant market, this is no longer true for all conferences. This note explores the potential antitrust liability facing individual NCAA conferences in the post-Alston era. It reviews the NCAA’s historical context, its member institutions, and the variations in membership across Divisions and sports. The analysis then shifts to the current state of college athletics, including NIL policies, conference realignment, and media rights deals. The note further assesses whether certain conferences are susceptible …


Fine That Is Significantly Too High Judgment Of The Court Of Appeals In Warsaw Of 16 July 2013, Vi Aca 1615/12, Antoni Bolecki 2024 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Fine That Is Significantly Too High Judgment Of The Court Of Appeals In Warsaw Of 16 July 2013, Vi Aca 1615/12, Antoni Bolecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Judgment of the Court of Appeals in Warsaw of 16 July 2013, VI ACa 1615/12


Activities Of An Organizer Of A Market From The Perspective Of The Prohibition Of An Abuse Of A Dominant Position Judgment Of The Court Of Appeals In Warsaw Of 19 September 2013, Vi Aca 170/13, Konrad Kohutek 2024 Krakowska Akademia im. A. Frycza-Modrzewskiego

Activities Of An Organizer Of A Market From The Perspective Of The Prohibition Of An Abuse Of A Dominant Position Judgment Of The Court Of Appeals In Warsaw Of 19 September 2013, Vi Aca 170/13, Konrad Kohutek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Judgment of the Court of Appeals in Warsaw of 19 September 2013, VI ACa 170/13


Nature Of Liability For The Failure To Implement A Decision Of The Uokik President And The Economic Strength Of A Capital Group As A Prerequisite For The Amount Of The Fine Judgment Of The Supreme Court Of 3 October 2013, Iii Sk 51/12 Carrefour Netherland (Tadeusz Skoczny), Tadeusz Skoczny 2024 Department of European Economic Law at the Faculty of Management of the University of Warsaw

Nature Of Liability For The Failure To Implement A Decision Of The Uokik President And The Economic Strength Of A Capital Group As A Prerequisite For The Amount Of The Fine Judgment Of The Supreme Court Of 3 October 2013, Iii Sk 51/12 Carrefour Netherland (Tadeusz Skoczny), Tadeusz Skoczny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Judgment of the Supreme Court of 3 October 2013, III SK 51/12 Carrefour Netherland (Tadeusz Skoczny)


Infringement Of Procedural Duties By The Uokik President Judgment Of The Supreme Court Of 3 October 2013, Iii Sk 67/12 Pkp Cargo, Dariusz Aziewicz 2024 LL.M. in Comparative law (University of Florida), PhD candidate, Department of European Economic law, Faculty of Management, University of Warsaw

Infringement Of Procedural Duties By The Uokik President Judgment Of The Supreme Court Of 3 October 2013, Iii Sk 67/12 Pkp Cargo, Dariusz Aziewicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Judgment of the Supreme Court of 3 October 2013, III SK 67/12 PKP Cargo


Few Needed To Form A Cartel – Some Remarks On The Liability Of A Capital Group For Participation In A Prohibited Agreement Judgment Of The Court Of Justice Of The European Union Of 4 July 2013 In Case C-287/11 European Commission Versus Aalberts Industries Nv And Others, Ilona Szwedziak-Bork 2024 PhD Candidate, Faculty of Management, University of Warsaw

Few Needed To Form A Cartel – Some Remarks On The Liability Of A Capital Group For Participation In A Prohibited Agreement Judgment Of The Court Of Justice Of The European Union Of 4 July 2013 In Case C-287/11 European Commission Versus Aalberts Industries Nv And Others, Ilona Szwedziak-Bork

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Case C-287/11 European Commission versus Aalberts Industries NV and others


Microsoft’S Acquisition Of Skype Does Not Constitute A Significant Impediment Of Effective Competition In The Eu Internal Market Judgment Of The Court (Fourth Chamber) Of 11 December 2013 In Case T‑79/12 Cisco & Messagenet Versus European Commission, Tadeusz Skoczny 2024 Department of European Economic Law at the Faculty of Management of the University of Warsaw

Microsoft’S Acquisition Of Skype Does Not Constitute A Significant Impediment Of Effective Competition In The Eu Internal Market Judgment Of The Court (Fourth Chamber) Of 11 December 2013 In Case T‑79/12 Cisco & Messagenet Versus European Commission, Tadeusz Skoczny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Wyrok sądu


Notes To The Draft Regulation On The European Single Market For Electronic Communications, Wojciech Dziomdziora 2024 Komisja Prawa Autorskiego

Notes To The Draft Regulation On The European Single Market For Electronic Communications, Wojciech Dziomdziora

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The European Commission’s proposed draft Regulation on the single market for electronic communications introduces far-reaching changes to the EU regulatory framework for telecommunication. The article outlines the most important of these changes such as: single EU authorisation, coordination of the use of radio spectrum, European virtual access products, proposed strengthening of the rights of end-users as well as roaming. Presented in addition are the preliminary views of two leading committees of the European Parliament - ITRE and IMCO.


Report On The International Conference “Antitrust Private Enforcement: Lessons For Poland”, Warsaw, 30 May 2023, Szymon Gołębiowski, Marcin Alberski 2024 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Report On The International Conference “Antitrust Private Enforcement: Lessons For Poland”, Warsaw, 30 May 2023, Szymon Gołębiowski, Marcin Alberski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Sprawozdanie z międzynarodowej konferencji pn. „Antitrust Private Enforcement: Lessons for Poland”, Warszawa, 30 maja 2023 roku


Judicial Control Of The Decisions Of The Polish Nca (The President Of Uokik) In Merger Control Cases - Selected Aspects Based On Latest Case Law (Agora/Eurozet And Orlen/Polska Press), Anna Celejewska-Rajchert, Filip Drgas 2024 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Judicial Control Of The Decisions Of The Polish Nca (The President Of Uokik) In Merger Control Cases - Selected Aspects Based On Latest Case Law (Agora/Eurozet And Orlen/Polska Press), Anna Celejewska-Rajchert, Filip Drgas

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In this article, the authors discuss selected aspects of judicial review of decisions issued by the Polish NCA (President of UOKiK), which have become the subject of judicial review, in most recent cases involving appeals against merger control decisions of the President of UOKiK, that is, decision No. DKK-1/2021 in the Agora/Eurozet case and decision No. DKK-34/2021 in the PKN Orlen/Polska Press case. The article focuses on procedural aspects, such as the possibility of changing a merger decision of the President of UOKiK by the court, certain aspects of evidentiary proceedings, such as the burden of proof and the evidence …


Penal-Administrative Liability Of The Person That Manages An Essential Service Operator For Breaching Their Duty Of Due Diligence, Mariusz Czyżak 2024 Wydział Administracji, Wyższa Szkoła Kadr Menedżerskich, Konin

Penal-Administrative Liability Of The Person That Manages An Essential Service Operator For Breaching Their Duty Of Due Diligence, Mariusz Czyżak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article discusses the liability of the manager of an essential service operator for violating their due diligence obligations while performing the duties of that operator. These duties include implementing a security management system in the information system used to provide the essential service, appointing a responsible person to maintain contacts with the entities of the national cybersecurity system, and ensuring security audits of the information system used to provide the essential service. An individual who manages or co-manages such entity, especially a member of its governing body (such as the board of directors), may be considered the “manager” of …


The Significance Of The Independence Of The Polish Telecommunications Regulatory Authority (The President Of Uke) For The Implementation Of Eu Fundamental Rights On The Example Of Proceedings For The Imposition Of Fines On The Basis Of Polish Telecommunications Law, Michalina Szpyrka 2024 Instytutu Nauk Prawnych Polskiej Akademii Nauk

The Significance Of The Independence Of The Polish Telecommunications Regulatory Authority (The President Of Uke) For The Implementation Of Eu Fundamental Rights On The Example Of Proceedings For The Imposition Of Fines On The Basis Of Polish Telecommunications Law, Michalina Szpyrka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Independence is one of the basic requirements for judiciary bodies, which decide authoritatively about the rights and obligations of legal entities. However, these functions are more and more often taken over by public administration entities that issue decisions granting powers, and even impose severe fines. In connection with this trend in the doctrine and jurisprudence, a discussion has arisen on the need for public administration bodies to be independent. This need is also recognized by EU institutions, which introduce a requirement of ensuring the independence of competition protection (NCAs) and regulatory authorities (NRAs). In connection with the EU review of …


Acceptable Forms Of State Aid To Airlines During The Covid-19 Pandemic (Part I), Jadwiga Urban-Kozłowska 2024 Radca prawny i doktorantka w Katedrze Prawa Europejskiego na WPiA Uniwersytetu Jagiellońskiego

Acceptable Forms Of State Aid To Airlines During The Covid-19 Pandemic (Part I), Jadwiga Urban-Kozłowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The goal of this paper is to analyze the application of two types of State aid, namely exceptional aid (Article 107(2)(b) TFEU) and anti-crisis aid (Article 107(3)(b) TFEU), which played a key role in the process of supporting air carriers during the COVID-19 pandemic. This will allow us to compare these types of aid, and to answer the question of their significance and usefulness in the context of supporting air carriers, and more broadly other undertakings, during exceptional occurrences such as COVID-19. The criteria for each of these exemptions will be discussed separately, and theoretical considerations will be accompanied by …


The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries, Amanda Gomez 2024 University of Miami School of Law

The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries, Amanda Gomez

University of Miami International and Comparative Law Review

This Note considers and compares rules and regulations Switzerland and the United States have placed on the trade and importation of gold. It explores the history of the gold trade which has led to its modern use and the negative implications that gold refining in Switzerland has on countries where gold may be illegally mined. Although some rules are in place in these gold mining countries, regulations upon the acceptance of gold may have an even greater impact on the gold supply chain and the human rights issues it affects. The United States and Swiss governments currently have some restrictions …


Energy Transition Enhanced By The European Green Deal – How National Competition Authorities Should Tackle This Challenge In Central And Eastern Europe?, Marcin Kamiński 2024 University of Warsaw

Energy Transition Enhanced By The European Green Deal – How National Competition Authorities Should Tackle This Challenge In Central And Eastern Europe?, Marcin Kamiński

Yearbook of Antitrust and Regulatory Studies

The European Green Deal (EGD) provides very ambitious policy goals, particularly related to energy transition and decarbonisation. Competition law also plays a role in the accomplishment of the objectives set in the European Green Deal. While many National Competition Authorities (NCAs) have already issued relevant acts and taken significant actions regarding practices related to the EGD, the NCAs from Central and Eastern Europe (CCE) have not yet instituted any initial actions towards this policy. This article proposes relevant institutional actions which may be used by NCAs in the CEE region given the current situation in their national energy markets, energy …


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